The Office of Administrative Law has adopted the Fair Employment and Housing Commissions regulations for AB 1825 Sexual Harassment Supervisor Training.
What is a supervisor or supervisory employee? An employee who works in California means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend such action to the employer. The exercise of that authority is not of a merely routine or clerical nature but requires the use of independent judgment.
How do I determine if I have “50 or more” employees? Employees include full-time, part-time and temporary workers or contractors for each working day in any 20 consecutive weeks in the current calendar year or preceding calendar year. The 50 individuals do not need to work at the same location or within the state of California.
What if I do not provide this training to my supervisory employees? The Fair Employment and Housing Commission may issue an order that compliance with these regulations occur within 60 days of the order.
What if my supervisors were trained in 2007 before these regulations were final? An employer that has made a substantial good faith effort to comply with the sexual harassment supervisor training requirements before the effective date of the regulations will be deemed in compliance.